SB Building Associates, LP entered into an administrative order on consent (AOC) with EPA, effective September 15, 2004. EPA also incurred removal site assessment costs prior to entry into the AOC. Although the Defendant completed the removal action in April 2005, it was delinquent in submitting certain deliverables. As such, EPA filed a complaint seeking all incurred costs (including those that were already billed) as well as stipulated penalties for, at least, the ongoing violations of the AOC.
On June 23, 2011, the Court entered a Consent Decree requiring payment of past response costs and penalties from the Defendants pursuant to the AOC. The Consent Decree also provided for the recordation of a judgment lien in favor the United States and against property owned by SB Milltown Industrial Holdings, L.L.C. in the event the Defendants did not satisfy the payment of costs and penalties.
On July 14, 2014, non-debtor Settling Defendants paid the United States $125,000 in full satisfaction of the Consent Decree entered into in June 2011. The Consent Decree resolved the United States claims for past response costs and civil penalties under CERCLA related to a removal action at the site. The Consent Decree required the Settling Defendants to pay $300,000 plus accrued interested in six installment payments and also provide for an accelerated payment of $350,000 and additional daily stipulated penalties for default of the Consent Decree. In February 2013, three of